Cook v. Wal-Mart Stores, Inc.

Filing 20

ORDER - The Motion to Withdraw as Counsel for Plaintiff (Filing No. 17) filed by Frank Younes and Monte Neilan is granted. Plaintiffs counsel shall immediately serve a copy of this Order on Plaintiff and thereafter file proof of service showing compl iance with this Order, listing the name and address of the person to whom notice was sent. Frank Younes and Monte Neilan will not be relieved of applicable duties to the Court, Plaintiff, and opposing counsel until proof of service is filed. Upon fil ing of proof of service pursuant to Paragraph 2 of this Order, Plaintiff will be deemed to be proceeding pro se, that is, without the assistance of counsel, unless substitute counsel enters a written appearance on her behalf. If substitute counsel do es not enter a written appearance, Plaintiff shall provide the Clerk of Court her current address and telephone number within five days of being served with this Order. Plaintiff may retain substitute counsel at any time. However, until such t ime as substitute counsel enters a written appearance, Plaintiff must comply with all case progression deadlines, orders of this Court, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Failure to comply with these requirements m ay result in the imposition of sanctions, including payment of costs, attorneys fees, and/or dismissal of the case. Upon submission of proof of service as described in Paragraph 2 of this Order, Frank Younes and Monte Neilans appearance as counsel of record for Plaintiff will be terminated, and the Clerk of Court shall terminate electronic notice to them in this case. IT IS FURTHERED ORDERED that certain deadlines set forth in the Final Progression Order (Filing No. 14 ) are extended as follows: All depositions, whether or not they are intended to be used at trial, shall be completed by May 1, 2019. The Final Pretrial Conference with the undersigned magistrate judge remains scheduled for September 30, 2019, at 11:00 a.m., and will be conducted in chambers. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to [e-mail], in Word format, by 3:00 p.m. on September 23, 2019. The four (4) jury day trial remains set to commence, at the Court's call, during the week of October 15, 2019, in Omaha, Nebraska, before the Honorable Robert F. Rossiter, Jr., United States District Judge. Ordered by Magistrate Judge Michael D. Nelson. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROSEMARY COOK,
Plaintiff,
vs.

8:18CV237
ORDER

WAL-MART STORES, INC.,
Defendant.
This matter is before the Court on the Motion to Withdraw as Counsel for Plaintiff (Filing
No. 17) filed by Frank Younes of the firm High & Younes, LLC., and Monte Neilan. After
discussion held with counsel during the telephone conference on March 28, 2019, the Court finds
the motion should be granted. Accordingly,
IT IS ORDERED:
1. The Motion to Withdraw as Counsel for Plaintiff (Filing No. 17) filed by Frank Younes
and Monte Neilan is granted.
2. Plaintiff’s counsel shall immediately serve a copy of this Order on Plaintiff and
thereafter file proof of service showing compliance with this Order, listing the name
and address of the person to whom notice was sent. Frank Younes and Monte Neilan
will not be relieved of applicable duties to the Court, Plaintiff, and opposing counsel
until proof of service is filed.
3. Upon filing of proof of service pursuant to Paragraph 2 of this Order, Plaintiff will be
deemed to be proceeding pro se, that is, without the assistance of counsel, unless
substitute counsel enters a written appearance on her behalf. If substitute counsel does
not enter a written appearance, Plaintiff shall provide the Clerk of Court her current
address and telephone number within five days of being served with this Order.
4. Plaintiff may retain substitute counsel at any time. However, until such time as
substitute counsel enters a written appearance, Plaintiff must comply with all case
progression deadlines, orders of this Court, the Federal Rules of Civil Procedure, and
the Local Rules of Practice. Failure to comply with these requirements may result in
the imposition of sanctions, including payment of costs, attorneys’ fees, and/or
dismissal of the case.
5. Upon submission of proof of service as described in Paragraph 2 of this Order, Frank
Younes and Monte Neilan’s appearance as counsel of record for Plaintiff will be
terminated, and the Clerk of Court shall terminate electronic notice to them in this case.

IT IS FURTHERED ORDERED that certain deadlines set forth in the Final Progression
Order (Filing No. 14) are extended as follows:
1. All depositions, whether or not they are intended to be used at trial, shall be completed by
May 1, 2019.

2. The deadline for completing written discovery under Rules 33, 34, and 36 of the
Federal Rules of Civil Procedure is May 1, 2019.
3. The deadline for filing motions to dismiss and motions for summary judgment is May
31, 2019.
4. Motions in limine shall be filed seven days before the pretrial conference. It is not the
normal practice to hold hearings on motions in limine or to rule on them prior to the
first day of trial. Parties should plan accordingly.
5. The Final Pretrial Conference with the undersigned magistrate judge remains scheduled
for September 30, 2019, at 11:00 a.m., and will be conducted in chambers. The
parties’ proposed Pretrial Conference Order and Exhibit List(s) must be emailed to
[e-mail], in Word format, by 3:00 p.m. on September 23, 2019.
6. The four (4) jury day trial remains set to commence, at the Court’s call, during the week
of October 15, 2019, in Omaha, Nebraska, before the Honorable Robert F. Rossiter,
Jr., United States District Judge.
7. All requests for changes of deadlines or settings established herein shall be directed to
the undersigned magistrate judge, including all requests for changes of trial dates. Such
requests will not be considered absent a showing of due diligence in the timely
progression of this case and the recent development of circumstances, unanticipated
prior to the filing of the motion, which require that additional time be allowed.
Dated this 28th day of March, 2019.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

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